Trying to help
A magistrate has been issued with formal advice after obtaining a colleague’s medical records without their consent.
The Judicial Conduct Investigations Office (JCIO) confirmed that Ramesh Nayak, of the Lincolnshire bench, was sanctioned after he accessed a colleague’s x-rays “with the intention of being helpful”.
Nayak, a retired medical practitioner, said his colleague had sought his advice following an injury. He admitted obtaining the records through a contact without the colleague’s permission, but stressed he was trying to help them and was acting in good faith.
He acknowledged that it was inappropriate, expressed remorse and made reassurances it would not happen again.
The Midlands Conduct Advisory Committee found that the move raised “concerns about how he managed confidential information”, calling into question his integrity. Although noting that Nayak was remorseful, had no previous disciplinary findings, and had not intended any harm, the committee concluded that his actions still amounted to misconduct.
Mr Justice Keehan, acting on behalf of the Lady Chief Justice and with the agreement of the Lord Chancellor, accepted the recommendation and issued Nayak with formal advice.